Petition No. 1194 Allocatur Docket, for Allowance of Appeal from the decision of the Superior Court at Nos. 472, 473, and 492 April Term, 1975. (Court of Common Pleas, Civil Division of Allegheny County at No. 43 July Term, 1968, in Trespass; No. 162 April Term, 1971, In Assumpsit); Rolf Larsen, Judge.
James E. Beasley, Beasley, Hewson, Casey, Colleran & Stopford, Philadelphia, for petitioner.
Susan L. Carroll, James D. Crawford, Jerome J. Shestack, Philadelphia, Richard B. Tucker, Jr., Tucker, Arensberg & Ferguson, Pittsburgh, William M. Hebrank, Philadelphia, for respondent.
And now, this 3rd day of June, 1977, the petition for allowance of appeal is granted, the order of the Superior
Court, 242 Pa. Super. 47, 363 A.2d 1152, is vacated, and the matter is remanded to the Superior Court for consideration of the validity, under Article III, Section 18 of the Constitution of Pennsylvania, of the limitation of damages provision of respondent's tariff. See Brief for Appellee in the Superior Court at 16, 30-31. In all other respects the petition for allowance of appeal is denied at this time, but without prejudice to either party to file a further petition for allowance of appeal following further disposition by the Superior Court.